Recent Posts - page 2

  • Hagans v. City of Norfolk

    The City of Norfolk is entitled to summary judgment as to a plaintiff’s claim that he had a due process right to continued employment. He had worked as a child counselor at a juvenile detention center and was terminated after… Read More ›

  • Atkins Nuclear Secured LLC v. Aptim Fed. Servs. LLC

    No sanctions will be ordered against the defendant who first indicated through in-house counsel that it would not challenge federal diversity jurisdiction, but then changed that position when outside counsel learned that its corporate citizenship destroyed diversity jurisdiction. The plaintiff… Read More ›

  • Am. Ass’n of Political Consultants Inc. v. FCC (P)

    An exemption to the Telephone Consumer Protect Act authorizing robocalls related to collection of debts owed to the government violates the Free Speech Clause. The district court erred in holding otherwise and thus in granting summary judgment to the government…. Read More ›

  • United States v. Dennings (P)

    The district court properly calculated the defendant’s Sentencing Guidelines range by including an offense characteristic enhancement for reckless endangerment during flight on foot. Here, the defendant’s situation involved flight plus something more. He fled from police sirens after having discharged a… Read More ›

  • Docket – April 23, 2019

    4th U.S. Circuit Court of Appeals Haynes v. Waste Connections Inc. (P), 4th Cir. (Gregory) from DSC at Spartanburg (Herlong). The district court erred in granting summary judgment for an employer as to the plaintiff’s race discrimination claims. Here, a… Read More ›

  • Haynes v. Waste Connections Inc. (P)

    The district court erred in granting summary judgment for an employer as to the plaintiff’s race discrimination claims. Here, a white comparator with the same supervisor had several workplace infractions, including twice using a cellphone while driving, driving while distracted,… Read More ›

  • United States v. Winbush (P)

    The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

  • Conner v. City of Danville (P)

    The Virginia Workers’ Compensation Commission did not err in denying the claimant benefits, because she failed to prove that her injuries arose out of her employment as a police corporal. When she apparently slipped and almost fell on the wet grass,… Read More ›

  • Jones v. Commonwealth (U)

    The trial court erred in denying the appellant’s motion to suppress evidence following a traffic stop. The initial search of lottery tickets in the appellant’ car door was unlawful; all evidence stemming from that search should have been suppressed. A… Read More ›

  • Docket – April 22, 2019

    4th U.S. Circuit Court of Appeals Hayes v. Carver (P), 4th Cir. (Gregory) from MDNC at Greensboro (Schroeder). The district court properly dismissed a habeas petitioner’s claim of actual innocence. He was convicted of two counts of second-degree murder and sentenced… Read More ›

  • Hayes v. Carver (P)

    The district court properly dismissed a habeas petitioner’s claim of actual innocence. He was convicted of two counts of second-degree murder and sentenced to two consecutive life terms. Here, the totality of the evidence fails to meet the exacting standard for… Read More ›

  • Docket – April 19, 2019

    4th U.S. Circuit Court of Appeals Cap. Assoc’d Indus. Inc. v. Stein (P), 4th Cir. (Diaz) from MDNC at Greensboro (Biggs). To expand its membership, a plaintiff trade association wants to provide legal services to its members. But North Carolina… Read More ›

  • King v. Darden

    In this civil-rights actions, the plaintiff fails to establish all the elements of his claim that the defendants conspired to unlawfully arrest and prosecute him for engaging in election fraud. Here, the plaintiff sued a county commonwealth’s attorney and an… Read More ›

  • Cap. Assoc’d Indus. Inc. v. Stein (P)

    To expand its membership, a plaintiff trade association wants to provide legal services to its members. But North Carolina law forbids corporations from practicing law. The trade association thus sued to enjoin enforcement of state unauthorized practice of law statutes…. Read More ›

  • United States v. Sutherland (P)

    The defendant’s convictions for filing three false tax returns and obstructing a grand jury proceeding will stand. Contrary to the defendant’s argument, providing fabricated loan documents to a U.S. Attorney’s office was not too distant from an ongoing grand jury proceeding… Read More ›